The Law Enforcement Powers And Responsibilities Act 2002

2580 Words Aug 26th, 2014 11 Pages
The Law Enforcement Powers and Responsibilities Act 2002 (NSW) (commonly abbreviated as LEPRA), is a piece of legislation which was introduced into the State of New South Wales in response to the Wood Royal Commission enquiry into NSW Police. The Commission identified that there was a strong reliance on the common law in relation to the powers of law enforcement officers, and recommended that there was enough desirability to have these powers (and as a consequence the rights of ordinary citizens) more clearly defined via statute to protect both parties interests . These recommendations were made in an effort to better achieve social justice, and to ensure that there was a sufficient balance between what the police can legally do, and what the community could legally do also .
When LEPRA was introduced into NSW, it did not give the police any more powers than they already had under the common law, but instead introduced a number of safeguards to ensure that law enforcement officers did not breach any of the rights of ordinary citizens. Although this was the case in the beginning (emphasised by the original policy objective of achieving balance), the police were later given more authority over areas previous untapped by statute, such as the power to act in emergency public disorder situations and the power to ask people to ‘move on’ if they are intoxicated . One of the most discussed provisions introduced by LEPRA is section 99, which provides that arrest is only to be used…

More about The Law Enforcement Powers And Responsibilities Act 2002

Open Document